00CI833
the African Union, the provisions of the Charter or of any legal instrument of
the African Union."
37.
While some of the above conditions are not in contention between the Parties,
the Respondent State has raised two objections in relation to the admissibility of
the Application. The first objection relates to the requirement of exhaustion of
local remedies and the second objection relates to whether the Application was
filed within a reasonable time or not.
A. Conditions of admissibility in contention between the parties
Objection relating to non-exhaustion of loca! remedies
38.
The Respondent State avers that, with respect to the allegation that the sentence
imposed on the Applicant was unconstitutional, the Applicant could have
challenged this through the procedure provided under the Basic Rights and
Duties Enforcement Act. The Respondent state further contends, with regard to
the allegation that the thirty (30) year sentence was inappropriate, that the
Applicant had the opportunity to argue this before the court of Appeal which he
did not do despite being represented by an advocate.
39.
The Respondent State also submits that, with regard to the allegation that the
Applicant was denied legal aid, the Applicant could have raised this issue before
the trial court. The Respondent state thus submits that the Applicant had legal
remedies at his disposal which he did not utilise and that it is, therefore,
premature of him to institute this Application.
40.
For his part, the Applicant submits that he took his case to the court of Appeal
which is the highest court in the Respondent state and that he, therefore,
exhausted local remedies.
41.
Concerning the filing of a constitutional petition for violation of his rights, the
Applicant submits that the Court has consistently ruled that the application for
review of a Court of Appeal decision amounts to an extraordinary measure which
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